OHCHR concerned by the entry into force in Malaysia of the National Security Council (NSC) Act on 1 August

The UN Human Rights Office for South-East Asia (OHCHR) said on Friday it

was concerned by the entry into force in Malaysia of the National Security

Council (NSC) Act which gives the Prime Minister sweeping security powers

and could restrict civil liberties.

The Act, which comes into effect on 1 August, establishes a National

Security Council to handle matters related to national security and will be

headed by Prime Minister Najib Razak. Through the Act, the Prime Minister

will have the power to declare, upon the advice of the NSC, a “security

area”, defined as being a location “seriously disturbed or threatened by

any person, matter or thing which causes or is likely to cause serious harm

to the people of Malaysia, or serious harm to the territories, economy,

national key infrastructure of Malaysia or any other interest of Malaysia”.

The declaration is valid for up to 6 months, and can be renewed an infinite

number of times.

Forces operating in a “security area” will be given sweeping powers,

including the capability to arrest and search persons, enter and search

premises, and seize property without a warrant. Furthermore, they will be

allowed to use force against persons, including force amounting to death,

as they deem reasonable and necessary in the circumstances “to preserve

national security”. Moreover, the Act grants immunity to members of

security forces and personnel of other Government entities for their acts

in any “security area”.

“These provisions run counter to the requirement to investigate wrongdoing

and hold institutions and their personnel accountable in the case of human

rights violations,” said Laurent Meillan, OHCHR’s acting regional

representative in Bangkok. “We are gravely concerned that the immunity

provisions in the Act may encourage human rights violations.”

Meillan expressed concern that the Act could also be used to impose unjust

restrictions on freedom of opinion and expression and freedom of assembly.

“We call on the Government to revise the Act to bring it in line with

international human rights norms and standards. Furthermore, we encourage

the Government to allow for an open and transparent consultation process on

the provisions in the Act with all relevant stakeholders,” he said.

* The National Security Council Bill 2015 was presented in Parliament on 1

December 2015. It was passed by the Lower House on 3 December 2015 and the

Upper House on 22 December 2015.